Austria | Immigration | 2026 legislative update


September 1, 2026

Immigration

Austria | 2026 legislative update

Summary

Austria has adopted amendments to the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz – NAG) and the Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz – AuslBG). While the reform includes significant changes for family members of individuals granted asylum, it also introduces measures directly relevant to employers hiring or employing third-country nationals in Austria.

The detail

Procedural simplification and faster processing

Going forward, the competent settlement and residence authority must generally issue decisions on residence permit applications within 90 days. Certain permit categories may remain subject to shorter or longer statutory decision periods.

In addition, certain applications may be submitted online where the applicant holds the required electronic identification, known as “ID Austria”. This applies to:

  • renewal applications;
  • change-of-purpose applications;
  • applications for certificates of permanent residence;
  • applications for permanent residence permits; and
  • applications for duplicate permits following loss.

Expired residence permits will also no longer need to be returned to the competent authority. This does not apply where a foreign national leaves Austria before the permit expires.

Changes affecting family members

The reform reduces the German-language requirements for certain dependent family members. This applies, among other cases, where the principal permit holder previously held:

  • an EU Blue Card;
  • a Red-White-Red Card for very highly qualified workers;
  • a Researcher Permit; or
  • an EU Blue Card issued by another Member State for at least 12 months and is switching to an Austrian permit.

In addition, family members holding a derived residence permit under Section 69 NAG, including certain family members of students, may in future gain access to the labour market and receive a combined work and residence permit for dependent employment. Previously, this combined permit was available only in ICT and mobile ICT cases.

Employment flexibility and labour market compliance

Holders of certain combined work and residence permits will be able to change employer with greater flexibility.

Eligible permit holders seeking to change employer, and unemployed permit holders with a new employment opportunity, will need to file a notification to the residence authority to inform of the proposed change, including details of the new employer and employment. The notification will be treated as a change-of-purpose application with the aim to receive the same permit category as held before but linked to the new employer. The individual may commence the new employment 45 days after submitting the notification, provided the activity falls within the scope of the requested permit, even where the authority has not yet issued its decision.

Where the holder of an employer-specific combined residence and work permit becomes unemployed, the individual must notify the residence authority immediately. Only then the permit may not be withdrawn for six months from the final day of employment.

Multiple emergency vignettes during renewal procedures

Individuals who have submitted a renewal application may currently receive a visa stamp in their passport once, valid for three months, to facilitate travel after their permit has expired and while the application remains pending. Under the new rules, multiple visa stamps, known as “emergency vignettes”, may be issued during an ongoing renewal process.

Work permit exception for nursing and healthcare traineeships

Foreign nationals completing education in nursing, healthcare assistance or social care professions may undertake employment without obtaining a separate work permit, provided they hold a valid Austrian residence permit.

The same exemption applies to foreign nationals undertaking a traineeship that is required either to obtain recognition of a foreign healthcare qualification in Austria or to obtain an Austrian healthcare qualification under the Austrian Health and Nursing Care Act.

What this means

Employers in Austria that hire or employ third-country nationals should review their immigration and mobility processes in light of these amendments. The reform may affect:

  • onboarding timelines for foreign candidates;
  • renewal and travel planning while applications are pending;
  • changes of employer;
  • the management of unemployment periods; and
  • employment opportunities for accompanying family members.

Overall, the new rules may provide greater flexibility but will require careful procedural management to maintain compliance and avoid delays.

Employers should assess how the amendments may affect current and planned hires, employer changes, renewals and dependent family members. For tailored advice, please contact your Vialto point of contact.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Valentina Arnez
Partner

Antonia Lehne
Manager

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